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FLATOW

THE ISLAMIC REPUBLIC OF IRAN

By :Bassma El shorbagy, Nourhan Kandil , Ahmed Zidan, Ibrahim Saber, Raymond Torky

FLATOW vs. THE ISLAMIC REPUBLIC OF IRAN

Introduction this is an action for wrongfully death resulting from an act of state-sponsored terrorisms. This case was heard by the United States District Court for the District of Columbia which is a court with federal Jurisdiction.

Facts
On April 9, 1995, decedent Alisa M Flatow was a passenger on the number 36 bus which was traveling from Ashkelon, Israel, to a Mediterranean resort in the Gush Katif community At 12:05 pm, near Kafr Darom in Gaza Strip, a suicide bomber drove a van loaded with explosives into the bus causing an explosion that destroyed the bus Alisa died at 10:00 am on April 10, 1995

Facts

The Shaqaqi faction of Palestine Islamic Jihad claimed responsibility. A Terrorist cell conducting terrorist activities in Gaza region, and its sole source of funding is the Islamic Republic of Iran. These facts were confirmed by the Coordinator of Terrorism in the Department of State and later attested to in court by expert witnesses.

Facts

action against Iran and its officials under the USA Antiterrorism and Effective Death Penalty Act of 1996. On September 4, 1997 Judgment in default of Appearance was entered against the Defendant (Iran). On March 2-3, 1998 Flatow (Plaintiff) proceeded in the manner of a nonjuring trial before the court.

Legal Issue

Pursuing a foreign state sponsoring a terrorist faction Can the plaintiff recover damages for the death of his daughter

Rules Applied
As with actions against the federal government, the Foreign Sovereign Immunities Act (FSIA) requires that a default judgment against a foreign state be entered only after a plaintiff establishes his claim or right to relief by evidence that is satisfactory to the Court. The second amendment to the FSIA expressly provided, inter alia, that punitive damages were available in actions brought under the state sponsored terrorism exception to immunity Flatow Amendment

Rules Applied
The second amendment to the FSIA expressly provided, inter alia, that punitive damages were available in actions brought under the state sponsored terrorism exception to immunity Flatow Amendment

inter alia :(in-tur eh-lee-ah) prep. Latin for "among other things."

Rules Applied
Plaintiff describes the cause of his daughters death as an extrajudicial killing within the meaning of 1605(a)(7) of the FSIA The routine provision of financial assistance to a terrorist group in support of its terrorist activities constitutes the provision of material support or resources within the meaning of United States Code, title 28 S The provision of material support and resources to a terrorist group is an act within the scope of a foreign states agents and high officials agency and offices in accordance with the law of respondent superior

Rules Applied

The provision of material support and resources to a terrorist group is an act within the scope of a foreign states agents and high officials agency and offices in accordance with the law of respondent superior

Decision:

The Court held that the Plaintiff had established his claim or right to relief from the Defendants, The Islamic Republic of Iran,

CONCLUSION

Plaintiff has established to this Courts satisfaction, and by clear and convincing evidence , that Defendants, the Islamic Republic of Iran, the Ministry of Information and Security, Ayatollah Ali Hoseine Khamenei, former President Ali Akbar Hashemi- Rafsanjani, and former Minister Ali Fallahian- Khuzestani, are jointly and severally liable for all damages awarded by this court to plaintiff for their provision of material support to a terrorist group which caused the extrajudicial killing of Alisa Michelle.

CONCLUSION

This action has been brought by Plaintiff on behalf of Alisa Michelle Flatows parents, Rosalyn and Stephen M. Flatow, sisters Gail, Francine and Ilana Flatow, and brother Etan Flatow. Based upon all of the testimony referred to above, the Court finds that awards in the following amounts are appropriate in compensation for the loss suffered by each individual member of the Flatow family:

Stephen M. Flatow (father): Rosalyn Flatow (mother): Gail Flatow (sister): Francine Flatow (sister): Ilana Flatow (sister): Etan Flatow (brother):

$5,000,000.00 $5,000,000.00 $2,500,000.00 $2,500,000.00 $2,500,000.00 $2,500,000.00